Chief Election Commissioner Nasiruddin said the decision was inspired by the will to ensure everyone's participation.
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In Bangladesh, student leaders of the Bangladesh Nationalist Party (BNP) surrounded the Election Commission on Sunday, accusing it of being biased and police and border guards standing by and watching.
Ahead of the national elections on February 12, the student wing of the BNP (JCD) is lobbying for dual citizenship holders to be given the opportunity to file their candidatures. On Sunday night, candidates from the National Citizen Party (NCP) lashed out at the Election Commission. They accused the Election Commission of being biased in favor of the BNP. NCP spokesperson Asif Mohammed Sajib Bhuiyan warned that the party's participation in the elections may be reconsidered at a press conference at the party's central office in Bangla Motors on Saturday. Bangladeshi law does not allow foreign nationals to contest parliamentary elections. A nine-day appeal period was set for the scrutiny of candidates after the filing of nominations. This period ended on Sunday. The Election Commission investigated dozens of complaints regarding dual citizenship against 25 candidates. In the end, the commission allowed 23 candidates to contest the elections. The nominations of two were rejected. Most of the candidates who remained in the running had either renounced their foreign citizenship or had sent letters to the Election Commission requesting to renounce it. The Election Commission's decision to allow such candidates has benefited many parties. Out of the 23, 10 are from the BNP. 4 are from the Jamaat-e-Islami. The country's largest Islamic party, Jamaat, is the largest component of the alliance involving the NCP. One of the NCP's candidates is also embroiled in the dual citizenship controversy.
The NCP has said that the party has not informed the person who has filed a nomination from its party about his dual citizenship. The party has also stated that the person has withdrawn his candidacy.
NCP leader Mahbub Alam told Qatari media outlet Al Jazeera, "According to the law, the candidate must prove that he has renounced his foreign citizenship." However, it is unconstitutional to allow them to contest elections based solely on their future commitments.’ He said that such a rule was brought with the aim of making it easier for limited parties. ‘If those who have applied to renounce foreign citizenship today later withdraw their applications, how will the Bangladesh authorities know about it? There is no way,’ Alam said.
Chief Election Commissioner Nasiruddin denied the allegations. He said that the decision was inspired by the will to ensure the participation of all. ‘We want everyone to participate in this election. The decision was not taken with prejudice,’ he said.
Bangladesh’s existing law allows citizens to acquire second citizenship from 103 countries. However, Article 66(2) of the constitution disqualifies a person who has acquired foreign citizenship from contesting elections.
People have different arguments on whether the process of renouncing foreign citizenship must be completed when registering a candidacy or whether simply submitting an application to renounce citizenship is sufficient.
However, earlier the Election Commission had rejected the candidature of Sheikh Hasina's Awami League candidate Sami Ahmed from Barishal-4 constituency. However, her candidature was rejected after it was revealed that she had dual citizenship. The Supreme Court also upheld the decision of the commission.
On Sunday, a team led by Jamaat-e-Islami chief Shafiqar Rehman met interim government chief Mohammad Yunus regarding the same issue. After the meeting, Jamaat co-chief Syed Abdullah Muhammad Tahir said that the Election Commission had become biased.
He said that pressure was being put on the Election Commission not to reject the candidatures of those with foreign citizenship. However, he did not reveal which party exerted pressure. 'Why not any party? Why not even Jamaat. The Election Commission should not bow to any pressure,' he said.
On Monday, NCP leader Nahid Islam also met Yunus. He said that the Election Commission is under pressure from the BNP. ‘There are candidates with dual citizenship in the BNP and there are also Jamaats,’ he said, ‘It doesn’t matter who is a party or not. It is our belief that the law should be equal for everyone. The Election Commission cannot take a decision under pressure from any one party.’
He added, ‘If the Election Commission itself cannot remain neutral, how can we expect a fair election.’ He said that the decision can be appealed to the court and, if necessary, a street protest can be held.
A question of morality?
Political analyst Mohiuddin Ahmed said that the decision to allow dual citizenship holders to contest the election is not only unconstitutional but also morally wrong.
He questioned how a person with loyalty to a different state can represent Bangladeshi voters. ‘When the Election Commission deliberately ignores the provisions of the constitution, its responsibility is weakened and there is a risk of invalidating the election,’ Ahmed said.
Another political analyst, Dilara Chaudhary, said that the will to renounce citizenship or the application for it alone cannot be considered a sufficient legal basis.
She said that the commission must strictly follow the electoral process to maintain ethical standards.
“If the neutral image of the Election Commission is damaged, how can there be a credible election,” she told Al Jazeera. “If the election is questionable and citizens lose trust, its exercise will be meaningless. The government formed from this will also face questions of legitimacy.”
